In   the   T'atter   of   the   Court 
-tial   of   Opt.    Timothy   Connelly, 
Proceedings , 


UNIVERSITY  OF  CALIFORNIA 
AT   LOS  ANGELES 


ROBERT  ERNEST  COWAN 


IN    THK    M.V'ITKk    dK  THK 


COU  RT    MARTIAL 


CAPT.  TIMOTHY  CONNELLY. 


PR  O  C  E  ED INGS 


OK  THK 


General  Court  Martial, 


HELI>   AT 


CAMP   II 


NKVAJ».\. 


Together  with   other  Documents  relating  thereto. 


SAN     FRANCISCO,   CAL. 

A    K.  Wo<*lbri<lg«:,  Printer.  '2'2-l   Mont^cm^ry  St. 
1  88  1  . 


IN  THE  MATTER  OF  THE 


COURT    MARTIAL 


OR — 


CAPT.  TIMOTHY  CONNELLY. 


PROCEEDINGS 

OF  THE 

General  Court  Martial, 

HELD  AT 

C  AM!P  H^LLLECK, 

NEVADA. 
Together  with  other  Documents  relating  thereto. 


SAN   FRANCISCO,  CAL. 

A.  F.  Woodbridge,  Printer,  224  Montgomery  St 
1  881. 


[4333.] 


WAR  DEPARTMENT,  \ 

WASHINGTON  CITY,  May  5,  1881.  ) 


I  have  the  honor  to  transmit  herewith  copy  of  the 
Record  of  Trial  by  Court  Martial,  in  1869,  of  Capt.  Tim- 
othy Connelly,  9th  Infantry,  which  was  requested  in 
your  letter  of  the  12th  ultimo. 
Very  respectfully, 

Your  obedient  servant, 

ROBT.  T.  LINCOLN, 

Secretary  of  War. 

HON.  P.  D.  WIGGINTON, 

San  Francisco,  Cal. 


Proceedings  of  a   General  Court  Martial  convened  at  Camp  Halleck, 
Nevada,  by  virtue  of  the  following  or</>  r  . 

Headquarters  Military   Division  of  the  Pacific,  \ 
San  Francisco,  Cal.,  May  12th,  1869.      / 
(Special  Orders,  No.  12.) 

I,  A  General  Court  Martial  is  hereby  constituted  to  assemble  at 
Camp  Halleck,  Nevada,  at  12  o'clock  M.,  on  Thursday,  the  20th  in- 
stant, or  as  soon  thereafter  as  practicable,  for  the  trial  of  Captain 
Timothy  Connelly,  9th  Infantry,  and  such  other  prisoners  as  may 
properly  be  brought  before  it 

Detail  for  the  Court. 

1.     Brevet  Major  General  O.  B.  Willcox,  Colonel  12th  Infantry. 
'2.     Lieutenant-Colonel  G.  W.  Wallace,  1 2th  Infantry. 

3.  Brevet  Colonel  J.  McL.  Taylor,  Commissary  of  Subsistence. 

4.  Captain  S.  P.  Smith,  8th  Cavalry. 

5.  Brevet  Colonel  A.  G.  Tassin,  Captain  12th  Infantry. 

6.  Brevet  Major  J.  H.  Mahnken.  1st  Lieutenant  8th  Cavalry. 

7.  Brevet  Captain  A.  W.  Preston,  2d  Lieutenant,  8th  Cavalry. 
Bievet  Lieutenant  E.   R.   Platt,  Captain,  2d  Artillery,  is  detailed  as 

Judge  Advocate. 

No  other  officers  than  those  named  can  be  assembled  without  mani- 
fest injury  to  the  service. 

The   Court  will   set  without  regard  to  hours  ;  and,  in  the  event  of 
the  absence  of  any  of  the  members  detailed,  it  will  nevertheless  or- 
ganize, and  proceed  with    the  business  before  it,  provided,  the  number 
present  lie  not  less  than  the  minimum  prescribed  by  law. 
By  order  of  Major  General  Halleck. 

James  B.  Fry,  Assistant  Adjutant  General. 
Official. 

Robert  N.  Scott, 
Brevet  Lieutenant  Colonel,  U.  S.  A.,  A.  A.  A.  G. 


Camp  Halleck,  Nevada,  > 

10  A.  M.,  May  24th   1869.  J 

The  Court  met  pursuant  to  the  foregoing  order.     Present  all  the 
members,  the  Judge  Advocate,  and  Capt.  T.  Connelly,  the  accused. 

The  order  convening  the  Court  was  read,  and  the  accused  was  asked 
if  he  objected  to  any  of  the  members  named  therein  ;  to  this  he  re- 


290901 


plied  in  the  negative.  The  members  of  the  Court  were  then  duly 
sworn  by  the  Judge  Advocate,  and  the  Judge  Advocate  was  duly 
Kworn  by  the  Presiding  Officer ;  these  oaths  being  administered  in 
the  presence  of  the  accused,  who  was  then  arraigned  on  the  following 
Charge  and  Specification: 
Charge  and  Specification  against  Capt.  Timothy  Connelly,  9th  Infantry. 

CHARGE. 

Conduct  unbecoming  an  officer  and  a  gentleman.  Specification  1st. 
In  this,  that  Capt.  Timothy  Connelly,  9th  Infantry,  being  in  com- 
mand of  Company  "I."  of  that  regiment,  did  sell  the  savings  of  com- 
pany rations,  and  other  property  belonging  to  the  company  to  the 
amount  of  Twelve  Hundred  Dollars  ($1200.00)  more  or  less,  and  did 
only  account  for  Five  Hundred  Dollars  ($500.00)  more  or  less,  of 
that  sum. 

This  at  Camp  Ruby,  Nevada,  during  the  months  of  September, 
October,  November  and  December,  1868,  and  the  month  of  January, 

1869. 

Specification  2d.  In  this,  that  Captain  Timothy  Connelly,  9th  In- 
fantry, being  in  command  of  Company  "I"  of  that  Regiment,  did  sell 
to  William  Hoag  twenty -nine  thousand  four  hundred  and  seventy-seven 
(Ibs.  29,477)  of  barley,  the  property  of  said  company,  at  the  rate  of 
four  and  one-half  cents  (4|  cents)  per  pound,  and  did  enter  the 
transaction  on  the  company  fund  account,  as  being  at  the  rate  of  four 
(4)  cents  per  pound,  and  did  fail  to  account  for  the  difference,  amount- 
ing to  one  hundred  and  forty-seven  dollars  and  thirty-eight  cents 
($147.38.) 

This  at  Camp  Ruby,  Nevada,  in  the  month  of  December,  1868. 

Specification  3d.  In  this,  that  Captain  Timothy  Connelly,  9th  In- 
fantry, being  in  command  of  Company  "I"  of  that  regiment,  having 
paid  for  hauling  twenty-nine  thousand  four  hundred  and  seventy-seven 
(29,477)  pound*  of  barley,  the  property  of  said  company,  at  the  rate 
of  eight  dollars  ($8.00)  per  thousand  pounds  (Ibs.  1,000)  did  enter 
the  transaction  on  the  company  fund  account  as  being  at  the  rate  of 
ten  dollars  ($10  00)  per  thousand,  and  did  fail  to  account  for  the  dif- 
ference, amounting  to  fifty-eight  dollars  and  ninety-five  cents  ($58.95.; 

This  at  Camp  Ruby,  Nevada,  in  the  month  of  December,  1868. 
By  command  of  General  Ord. 

(S:'gned)  E.  K.  PLATT, 

Bvt.  Lt.  Col.  J.  A,  Dept.  of  Cal. 

To  which  charge  and  specification  the  accused  pleaded  as  follows: 

To  the  first  specification,  Guilty;  except  the  words,  "and  did  only 


5   

account  for  five  hundred  dollars  ($500.00),  more  or  less,  of  that  sum,1' 
and  of  the  excepted  words,  Not  Guilty. 

To  the  second  specification,  Guilty,  except  the  words,  "and  did  fail 
to  account  for  the  difference,  amounting  to  one  hundred  and  forty-seven 
dollars  and  thirty -eight  cents  ($147.38),"  and  of  the  excepted  words, 
Not  Guilty. 

To  the  third  specification,  Guilty ;  except  the  words,  "and  did  fail 
to  account  for  the  difference,  amounting  to  fifty-eight  dollars  and 
ninety-five  cents  ($58.95),"  and  of  the  excepted  words,  Not  Guilty. 

To  the  charge,  Not  Guilty. 

The  Court  then  took  a  recess  for  fifteen  minutes  to  enable  the 
Judge  Advocate  to  transact  some  necessary  business. 

On  re-assembling,  all  the  members,  the  Judge  Advocate,  and  the 
accused,  being  present.  The  Judge  Advocate  (handing  paper  to  the 
accused),  asked  him  to  admit  that  paper  is  an  accurate  and  true  copy 
of  the  Company  Fund  account  of  Co.  "  I."  9th  Infantry,  for  the 
months  of  September,  October,  November  and  December,  1868.  and 
January,  1869.  The  accused  made  the  desired  admission. 

The  paper  was  then  read  by  its  title ;  submitted  in  evidence.  Ap- 
pended marked  "  A." 

The  prosecution  here  rested. 

Sergeant  Murphy,  a  witness  for  the  defence  was  called  before  the 
Court  and  duly  sworn  : 

By  J.  A.     State  your  name,  rank,  company  and  regiment  1 

Ans.     Andrew  Murphy.  1st  Sergeant,  Co.  "I,"  9th  infantry. 

By  Accused.  What  duty  were  you  performing  during  the  month  of 
December,  1868? 

Ans.      1st  Sergeant,  Company  "I,"  9th  infantry. 

By  Accused.  Did  you  ever  see  the  Company  Fund  account  for  that 
month.  If  so,  when  1 

Ans.      I  saw  it  during  the  month,  but  don't  remember  the  date. 

By  Accused.  What  knowledge  did  you  have  of  the  expenditures 
made  by  Capt.  Connolly  for  the  benefit  of  Co.  "  1,"  9th  Infantry,  dur- 
ing the  month  of  December,  1868? 

Ans.  I  knew  about  the  expenditures.  I  made  some  of  them  my- 
self, and  others  the  Captain  made. 

By  Accused.  Do  you  know  that  Capt  Connelly  expended  for  the 
company  during  the  month  of  December,  1868,  any  money  which  was 
not  charged  to  the  company  in  the  fund  account  1 

Ans.     I  do. 


—  6  — 

By  Accused.     How  do  you  know  ? 

Ans.     I  was  present  when  some  of  the  purchases  were  bring  made. 

By  Accused.      What  were  the  expenditures  ? 

Ans.  Whisky  was  one  of  the  articles  bought.  I  don't  recollect 
them  all. 

By  Accused.  About  how  much  money  was  expended  in  this  way  by 
Capt.  Connelly  during  the  month  of  December,  1868  ? 

Ans.     Over  two  hundred  dollars. 

By  Accused.     Are  you  positive  it  was  over  two  hundred  dollars  ? 

Ans.     It  was  over  two  hundred  dollars. 

By  Accused.     Can  you  specify  any  of  the  items? 

Ans.  There  was  whisky,  and  money  paid  for  working  in  the  com- 
pany garden,  and  citizens  for  threshing,  and  butter,  and  other  things. 

By  Accused.  Do  you  know  why  these  sums  were  not  charged 
against  the  company  by  Capt.  Connelly,  in  his  company  fund  account1? 

Ans.  They  were  not  charged  at  my  suggestion,  and  others,  as  the 
captain  thought  they  would  be  disallowed. 

By  Accused.     How  do  you  know  they  would  be  disallowed  1 

Ans.     The  Captain  said  they  would  be  disallowed. 

By  Accused.  Do  you  know  how  Capt.  Connelly  expected,  or  in- 
tended, to  cover  these  disbursements  made  by  him  and  not  charged 
against  the  comp  tny,  in  his  company  fund  account1! 

Ans.*  By  charging  a  little  more  on  the  freight  of  his  barley,  so  as 
to  cover  this. 

By  Accused.      How  do  you  know  this  ? 

Ans.  It  was  at  my  suggestion,  and  others.  He  had  to  cover 
them  in  some  way  and  not  lose,  himself. 

By  Accused.  Do  you  know  how  much  Capt.  Connelly  paid  for  the 
hauling  of  the  company's  barley  ? 

Ans.     Eight  dollars  per  thousand  pounds. 

By  Accused.  Do  you  know  how  much  he  charged  against  the 
Company  Fund  account  for  said  hauling? 

Ans.     Ten  dollars  per  thousand  pounds. 

By  Accused.  Do  you  know  how  and  why  he  charged  more  than 
he  paid  for  hauling  the  said  barley? 

Ans.  To  cover  other  expenses  that  he  considered  would  be  disal* 
lowed. 

By  Accused.  What  were  the  expenses  that  he  thought  would  be 
disallowed  ? 

Ans.     The  expenses  I  have  already  enumerated. 

By  Accused.     Did  Capt.  Connelly  employ  soldiers  on  the  company's 


ranch? 

Ans.     Yes,  sir. 

By  Accused.  Were  those  soldiers  paid  for  their  work  on  the  com- 
pany's ranch  ? 

Ans.     They  were. 

By  Accused.      By  whom  were  they  paid? 

Ans.     By  Capt.  Connelly. 

By  Accused.  Do  you  know  whether  the  amounts  paid  the  soldiers 
by  Capt.  Connelly  for  their  work,  on  the  company's  ranch,  was 
charged  against  the  company  fund  account  ? 

Ans.     It  was  not. 

By  Accused.  How  many  soldiers  were  employed  on  the  company's 
ranch  during  the  summer  and  fall  of  1868  ? 

Ans.  There  was  as  high  as  sixteen  sometimes.  Sometimes  more, 
sometimes  less. 

By  Accused.     Were  they  all  paid  for  their  work  ? 

Ans.     They  were. 

By  Accused.     By  whom — and  how  much  to  each  soldier? 

Ans.  By  Capt.  Connelly.  Some  got  as  high  as  twenty-five  dol- 
lars; some  less, 

By  Accused.  Do  you  know  why  these  sums  were  not  charged  in 
the  company  fund  account  ? 

Ans.     The  Captain  considered  they  would  be  disallowed. 

By  Accused.  When  did  Captain  Connelly  make  the  payment  to 
the  men  employed  on  the  company's  ranch  ? 

Ans.     During  the  month  of  December,  1868. 

By  Accused.  Do  you  know  whether  Capt.  Connelly  ever  sold  any 
savings  that  did  not  belong  to  the  company  and  which  were  not  in- 
cluded in  the  company  bills  ? 

Ans.     I  do. 

By  Accused.     To  whom  did  the  savings  belong  1 

Ans.     To  Doctor  Kirke. 

The  Judge  Advocate  here  stated  that  he  desired  the  accused  should 
be  directed  to  confine  himself  to  the  case  before  the  Court. 

At  the  request  of  a  member  the  court  was  cleared. 

On  being  re-opened — accused  and  witness  present.  The  accused 
was  informed  that  his  latter  question  was  foreign  to  the  case  and  that 
no  more  of  the  kind  would  be  allowed. 

The  accused  submitted  the  following,  in  writing,  to  the  Court. 
Read  to  the  Court  by  the  Judge  Advocate. 


g  

"  I  desire  to  show  to  the  Court,  by  this  testimony,  that  I  expended 
for  the  use  of  my  company  all  the  money  that  it  is  alleged  I  failed  to 
account  for.  I  deem  it  relevant,  and  ot  the  first  importance  in  my 
case  ;  indeed,  this  is  my  defence,  as  I  plead  guilty  to  all  but  the  failure 
to  account  for  the  money.  I  propose  to  prove  to  the  satisfaction  of 
the  Court  that  I  did  spend  the  money  for  the  use  and  benefit  of  the 
company,  and  that  I  did  not  charge  these  expenditures  in  the  com- 
pany fund  account  against  the  company.  I  sincerely  trust  the  Court 
will  permit  me  to  pro  ve  these  facts,  as  by  this  proof  I  hope  to  show 
that  there  was  no  criminality  on  my  part,  and  that  I  derived  no  bene- 
fit whatever  from  the  amount  under  and  overcharged,  and  that  the 
Court  will  see  that  my  motive  for  doing  a  wrong,  was  that  I  might  do 
a  great  good  for  my  company." 

At  11  A.  M.  the  Court  took  a  recess,  to  give  time  for  putting  up  a 
stove  in  the  court-room. 

At  12  A.  M.  the  Court  re-assembled.  Present — all  the  members, 
the  Judge  Advocate,  and  the  accused. 

Sergeant  Murphy  resumed  the  stand. 

By  J.  A.  Did  you  usually  make  out  the  company  fund  account  of 
Co.  "  I,"  9th  infantry  7 

A.     I  did  not. 

By  J.  A.     Where  was  the  fund  book  kept  t 

Ans.  Sometimes  in  the  Captain's  possession.  Sometimes  in  the 
orderly  room.  As  a  general  thing  it  was  in  the  Captain's  possession- 

By  J.  A.  How  much,  do  you  know,  was  expended  for  articles  fur- 
nished the  company  in  December  and  not  entered  on  the  fund  account/ 

Ans.  There  was  over  one  hundred  dollars  during  that  time.  There 
were  ten  gallons  of  whisky  at  six  dollars  per  gallon.  There  was  food 
for  citizens,  threshing  on  the  farm,  and  men  paid  for  working  ou  the 
farm.  Capt.  Connelly  bought  the  whisky;  some  of  it  from  Wads- 
worth,  some  of  it  from  Callahan  &  Flynn.  I  was  present  when  it 
was  bought  from  Wadsworth,  and  received  that  bought  from  Calla- 
han &  Flynn. 

By  J.  A.  Did  you  have  constant  access  to  the  company  fund  ac- 
count ? 

Ans.     Yes  sir;  every  time  I  wanted  to  see  it.     I  saw  it  very  often. 

By  J.  A.     Who  made  out  the  company  fund  account  ? 

Ans.     As  a  general  thing,  Sergeant  Repper. 

By  J.  A.     Explain   the   item   of  one   hundred  and  eight  dollars 


and  seventy -five  cents  for  sundries,  on  the  21st  day  of  December. 

Ans.     The  names  of  them  things  I  don't  know. 

By  J.  A.  Was  not  the  extra  duty  pay  of  the  men  who  worked  on 
the  farm  included  in  that  item  of  sundries/ 

Ans.     It  was  not. 

By  J.  A.     How  do  you  know  it  was  not  / 

Ans.     The  majority  of  the  sundries  I  purchased  myself. 

By  J.  A.  Did  you  purchase  sundries  to  the  amount  of  $108.75  in 
December  last  / 

Ans.  I  did  not  keep  account  of  the  purchases  I  made.  I  received 
money  from  the  Captain. 

By  J.  A.  Do  you  remember  a  conversation  at  the  Sutler's  Store 
at  this  post,  in  which  you  made  brags  the  Capta.n  did  not  dare  to 
reduce  you  ? 

Ans.     No,  sir. 

By  J.  A.   No  conversation  of  anything  of  that  kind  ever  took  place? 

Ans      Not  th-it  I  recollect,  sir. 

By  Court.  Was  any  of  the  barley  hauled  by  Government  teams  1 
If  so,  how  much  1 

Ans.     I  could  not  say.     I  do  not  know. 

By  Court.  Did  you  ever  have  any  private  money  transactions 
with  the  accused  f 

Ans.     I  did. 

J.  A.     State  the  nature  of  these  transactions. 

Ans,  Capt.  Connelly  gave  me  some  money  at  one  time,  sometime 
in  1868.  I  don't  remember  the  month. 

By  J.  A.     What  did  he  give  you  the  money  for  '( 

Ans.  I  suppose  on  account  of  my  taking  a  little  better  care  of 
tilings  than  others  did.  .  • 

By  J.  A.     How  much  did  he  give  you  / 

Ans.     One  hundred  dollars. 

By  J.  A.  Was  this  hundred  dollars  one  of  the  expenses  that  could 
not  be  put  on  the  fund  account? 

Ans.     Not  to  my  knowledge. 

By  J.  A.     What  did  the  Captain  say  when  he  gave  you  the  money? 

Ans.    I  don't  remember. 

By  J.  A.  Do  you  suppose  Captain  Connelly  gave  you  a  hundred 
dollars  because  you  did  your  duty  well  1 

Ans.     That  was  my  impression. 

By  J.  A.     Was  this  hundred  dollars  part  of  the  company  fund  of 


—  10  — 

Company  "I." 

Ans.     No,  sir. 

By  J.  A.     Was  it  the  Captain's  private  money  ? 

Ans.     I  understood  it  so. 

By  J.  A.  Did  you  do  anything  in  return  for  this  hundred  dollars, 
or  had  you  done  anything  for  it  ? 

Ans.     Nothing  but  my  duty  as  a  soldier. 

B.'  J.  A.  Is  Capt.  Connolly  in  the  habit  of  giving  a  hundred  dol- 
lars to  his  meritorious  non-commissioned  officers  ? 

Ans.     I  do  not  know,  sir. 

By  J.  A.  On  your  oath,  now,  was  not  that  sum  given  you  to  in- 
duce you  to  keep  quiet  about  this  matter  of  company  fund,  or  some 
other  peculation? 

Ans.     No,  sir. 

By  J.    A.     How  long  have  you  been  in  service  ? 

Ans.     Ten  years. 

By  J.  A.     How  many  captains  have  you  served  with  ? 

Ans.     Capt.  Connelly  is  the  3d. 

By  J.  A.  Did  you  ever  know  of  other  captains  giving  a  hundred 
dollars  out  of  their  own  pocket  as  a  reward  to  their  non-commissioned 
officers  ? 

Ans.     I  never  knew  whether  they  did  or  not. 

By  J.  A.  Did  you  believe  the  money  was  given  to  you  as  a  reward 
for  the  excellent  manner  of  discharging  your  duty  to  the  Government? 

Ans.     I  considered  it  so. 

By  Accused.  Did  Capt.  Connelly  have  to  coax  you  to  do  the 
orderly  duty  of  the  company  in  1868,  in  consequence  of  the  condition 
of  the  company  when  he  took  charge  of  it  ? 

Ans.     He  did. 

By  Court.  How  do  you  know  the  amount  paid  the  men  for  work- 
ing on  the  ranch  was  not  charged  against  the  company  ? 

Ans.  I  was  present  when  the  company  fund  account  was  made 
out,  and  1  suggested  myself  and  others,  and  know  it  was  not  taken  up. 

By  J.  A.  You  only  know,  then,  that  this  money  was  not  entered 
in  one  account  as  paid  to  the  men,  and  don't  know  that  it  was  not 
charged  as  something  else  ? 

Ans.     It  was  not  charged  as  something  else. 

By  J.  A.     How  do  you  know  this. 

Ans.     I  can't  say  how  I  know  it. 

By  Court.     Do  you  know  of  Capt.  Connelly's  having   paid  to  any 


—  11  — 

other  soldier  money    for  faithfully  performing  his  duty.     If  so,  to 
whom,  and  how  much? 

Ans.     I  do  not  know  of  any  others  except  myself. 

The  testimony  of  this  witness  was  rtad  over  to  him,  and  he  retired 
from  the  Court. 

Sergeant  Frederick  W.  Repper,  Co.  "I"  9th  Infty.,  a  witness  for  the 
defence,  was  called  before  the  Court  and  duly  sworn. 

By  Accused.  What  duty  were  you  performing  during  the  month 
of  December,  1868  ? 

Ans.     Clerk  in  Quartermaster's  Dept.  at  Camp  Ruby,  Nevada. 

By  Accused.  What  knowledge  did  you  have  of  the  expenditures 
made  by  Capt.  Connelly  for  the  benefit  of  Cornp.  "I"  9th  Infantry, 
during  the  month  of  December,  1868  ? 

Ana  I  made  out  the  account  current  for  the  quarter  ending  on 
that  month. 

By  Accused.  Do  you  know  that  Capt.  Connelly  expended  for  the 
company,  during  the  month  of  December,  1868,  any  money  which 
was  not  charged  to  the  company  in  the  fund  account  ? 

Ans.     Yes,  sir,  he  did. 

By  Accused.     How  do  you  know. 

Ans.  He  told  me  so.  I  saw  amounts  disbursed  that  were  not 
included  in  the  account  current. 

By  Accused.      What  were  the  expenditures  ? 

Ans.  There  was  expenditure  for  extra  duty  pay  on  the  ranch. 
There  was  whiskey  bought,  and  on  the  farm  there  was  an  expenditure 
for  reaping. 

By  Accused.  About  how  much  money  was  expended  in  this  way 
by  Captain  Connelly  during  the  month  of  December,  1868,  and  not 
charged  by  him  against  the  company  in  the  company  fund  account  ? 

Ans.     Several  hundred  dollars. 

By  Accused.     Are  you  positive  as  to  the  amount  ? 

Ans.     No,  sir,  I  am  not  directly  positive. 

By  Accused.     Can  you  specify  any  of  the  items  ? 

Ans.  I  think  there  was  something  like  a  hundred  dollars  paid  for 
extra  duty  pay  on  the  ranch,  and  there  was  something  like  sixty 
dollars  for  whiskey  and  thirty  dollars  for  reaping. 

By  Accused.  Do  you  know  why  these  items  were  not  charged 
against  the  company  by  Captain  Connelly  in  his  company  fund  account? 

Ans.     He  told  me  that  he  thought  they  would  be  disallo>ved. 

By  Accused.     Do  you  know  how  Captain  Connelly   expected  or 


12  

intended  to  cover  these  disbursements  made  by  him,  arid  not  charged 
against  the  company  in  his  company  fund  account  ? 

Ans.   By  adding  to  the  expenditures,  or  deducting  from  the  receipts. 

By  Accused.      HOMV  do  you  know  th's? 

Ans.     He  told  me  this. 

By  Accused.  Did  Captain  Connelly  employ  soldiers  on  the  com- 
pany's ranch  ? 

Ans.     Yes,  sir 

By  Accused.  Were  these  soldiers  paid  for  their  work  on  the  com- 
pany's ranch  1 

Ans.     Yes,  sir. 

By  Accused.  By  whom  were  they  paid,  and  how  much  to  each 
soldier  ? 

Ans.  By  Capt.  Connelly.  Some  men  received  as  high  as  twenty- 
five  dollars,  and  others  in  proportion  to  the  time  they  had  worked  on 
the  ranch. 

By  Accused.     Do  you  know  whether  the  amounts  paid  the  soldiers 
by  Capt.  Connelly  for  their  work  on  the  company  ranch  was  charged 
against  the  company  in  the  company  fund  account1! 
Ans.      It  was  not 

By  Accused.  Do  you  know  why  these  sums  were  not  charged  in 
the  company  fund  account  1 

Ans.     Because  he  feared  they  would  be  disallowed. 

By  Accused.  When  did  Capt.  Connelly  make  the  payment  to  the 
men  employed  on  the  company  ranch  1 

Ans.     In  December,  1868. 

By  J.  A.  You  say  you  know  that  Capt.  Connelly  made  expendi- 
tures for  the  company  which  were  not  charged  the  company.  How 
do  you  know  this  / 

Ans.  I  was  present  when  the  expenditure  was  made,  and  when 
I  was  making  out  the  account  current  I  noticed  it  was  not  placed 
upon  it. 

By  J.  A.  You  only  know  then  that  it  was  not  charged  in  the 
form  it  had  been  paid,  and  don't  know  that  the  amount  was  not  really 
charged  as  something  else  / 

Ans.     Yes,  sir,  so  far  as  I  know. 

By  J.  A.  How  did  you  arrive  at  the  sum  of  one  hundred  and  eight 
dollars  and  seventy-five  cents  charged  for  sundries  on  December  21st1? 

Ans.  Capt.  Connelly  called  the  items  irom  a  memorandum  book 
that  he  had. 


—  13  — 

By  Court.  What  data  did  you  have  to  make  up  the  account 
current  ? 

Ana.  Such  data  as  Capt.  Connelly  called  ofl'from  his  memorandum 
book. 

The  testimony  of  this  witness  was  read  over  to  him  and  he  retired 
from  the  Court. 

Private  Timothy  Hoban,  of  Co.  "I,"  12th  Infantry,  (formerly  Co. 
'"I"  9th  Infantry)  a  witness  for  the  defence,  was  called  before  the 
Court  and  duly  sworn. 

By  Accused.  Where  were  you  stationed  in  the  month  of  Decem- 
ber, 1868? 

Ans.     Camp  Ruby,  Nevada. 

By  Accused.  What  duty  were  you  performing  during  the  months 
of  September  and  October,  1868? 

Ans.  I  worked  on  the  ranch  several  months  last  year  and  I  think 
a  part  of  October. 

By  Accused.  Were  you  ever  paid  anything  for  tin:  work,  and  by 
whom,  and  how  much? 

Ans.     I  was  paid  twenty  dollars  coin  for  the  whole  work. 

By  Accused.     Did  you  give  a  receipt  to  any  one  for  that  $20  ? 

Ana      No.  sir. 

By  Accused.      About  what  time  were  you  paid  the  $20  ? 

Ans.     I  could  not  exactly  tell,  sir. 

I  did  not  keep  any  account  of  the  time. 

Bvt.  Lt.  Col.  E.  R.  Platt,  Capt.  2d  Arty.,  a  witness  for  the  defense 
was  duly  sworn  and  gave  as  his  testimony  the  following : 

•'I  have  known  Capt.  Connelly  more  or  less  well  since  Sept.  1855.  I 
have  never  been  stationed  at  the  same  post  with  him,  but  have  met 
him  often,  and  know  that  his  reputation  for  zeal  and  efficie  icy  was 
excellent.  Before  these  transactions  I  never  heard  his  honesty  doubted.'' 

I>vt.  Col.  J.  McL.  Taylor,  C.  S.,  a  witness  for  the  defense,  was 
duly  sworn. 

By  Accused.  Please  state  how  long  and  how  intimately  you  have 
known  the  accused,  and  what  has  l>een  his  character  during  the  time  ? 

Ans.  I  have  known  the  accused  for  about  three  years.  But  never 
have  known  him  very  intimately,  bnt  I  have  always  thought  him  an 
active,  faithful,  zealous  officer.  That  was  his  i  eput.ition. 

The  Judge  Advocate  then  read  a  letter  from  Bvt  Maj.  Gen.  John 
H.  King,  Col.  9th  Infantry,  and  admitted  the  statements  it  contained 
to  be  correct. 


14  — 

Letter  appended  marked  "  B." 

Lieut.  C.  P.  Eagan,  9th  infantry,  a  witness  for  the  defence,  was 
duly  sworn: 

By  Accused.  How  long  and  how  intimately  have  you  known  the 
accused,  and  what  has  been  his  reputation  during  that  time1? 

Ans.  I  first  knew  him  about  two  years  and  a  half  ago,  when  I 
first  joined  my  regiment.  I  have  not  been  intimate  with  him  until  I 
joined  the  company  a  few  months  ago.  His  reputation,  so  far  as  I 
have  known,  as  an  officer,  has  been  very  good  until  the  present. 

By  Accused.  Did  you  relieve  the  accused  from  the  command  of 
Co.  "I,"  9th  infantry? 

Ans.     I  did. 

By  Accused.  What  was  the  condition  and  appearance  of  said 
company  when  you  relieved  him  ? 

Ans.      Excellent.    * 

The  accused  stated  that  he  had  no  other  witnesses  to  call,  and  at 
2:10  P.  M.,  the  Court  adjourned  to  meet  at  11  A.  M.  to-morrow. 

SECOND   DAY. 


Camp  Halleck,  Nevada,  ) 

M 


HAM.,  May  25th,  1869. 

The  Court  met  pursuant  to  adjournment.     Present,  all  the  members, 
the  Judge  Advocate,  and  the  accused. 

The  record  of  the  proceedings  of  yesterday  was  read. 

The  accused    submitted  a  written  defence.     Read  to  the  Court  by 
the  Judge  Advocate.     Appended  marked  "C." 

The  Court  then  cleared  and  closed,  and  after  mature  deliberation, 
finds  the  accused  Captain  Timothy  Connelly,  9th  infantry,  as  follows : 

Of  the  1st  specification,  Guilty. 

Ofthe2d  "  Guilty. 

Of  the  3d  "  Guilty. 

Of  the  charge,  Guilty. 

And  does,  therefore,  sentence  him,  Captain  Timothy  Connelly,  9th 
infantry,  to  be  dismissed  the  service. 
E.  R.  Platt, 

Bvt.  Lt.  Col.,  Captain  2d  Art'y, 

Judge  Advocate. 

O.  B.  Wilcox, 

Col.  12  Infantry,  Bvt.  Maj.  Gen'l, 

President. 

H'd  Q'rs  Milit'y  Div.  of  the  Pacific,        ) 
lean  Francisco,  May  29th,  1869.  j 
The  proceedings,  findings  and  sentence  in  the  foregoing    case  of 


—  15  — 

Captain  Timothy  Connelly,  9th  Infantry,  are  approved,  and,  in  con- 
formity with  the  65th  Article  of  War,  the  proceedings  are  forwarded 
to  the  Secretary  of  War  for  the  action  of  the  President. 

H.  W.  Halleck, 
Major  General  Comd'g. 

War  Department.  ) 

Washington  City,  June  22d,  1869.  J 

In  conformity  with  the  65th  of  the  Rules  and  Articles  of  War,  the 
proceedings  of  the  General  Court  Martial  in  the  foregoing  case  of  Capt. 
Timothy  Connelly,  9th  Infantry,  have  been  forwarded  to  the  Secre- 
tary of  War,  for  the  action  of  the  President  of  the  United  States,  and 
the  proceedings,  findings  and  sentence  are  approved. 
Ihe  sentence  will  be  duly  executed. 

John  A.  Rawlins, 

Secretary  of  War. 


"A." 
Copy  of  the  Fund  Account  of  Co.  "I,"  9th  Inf. 

Capt.  T.  Connelly,  9th  U.  S.  Infantry,  in  account  current  with  the 
Company  Fund  of  Co.  "I,"  9th  Infantry,  for  the  months  of  September, 
October,  November,  December,  1868,  and  January,  1869  : 

Date.      1868.           From  what  source  receivecj.  Dr. 

Aug.  31.  Balance  on  hand  per  last  acct $  187  68 

Sept.          Received  at  various  times  from  sale  of  rations.  . .  255  00 

Oct.                  "                 "                 "             "             "...  70  00 

Dec.  31.     To  29,477  Ibs.  of  barley  at  4  cts.  per  Ib 1179  08 

Dec.  15.     To  sale  of  rations 13  00 

Jan'y  1,  '69.     To  sale  of  hogs 161  50 

Jan'y  16,          To  sale  of  rations 10  00 


Total  received $1876  26 

"     expended 1304  05 


Balance  due  Company  Fund  and  transferred  to 
Lieut.  W.  L.  Carpenter,  9th  Infantry,  as  per 
receipt $  572  21 

1868.                  How  expended.  Cr. 

Sept.  1 1.     50  Ibs.  onions,  at  lOc.  per  Ib $     5  00 

"     "       1  ball  twine 50 

Oct.     3,      For  newspapers,  1  year 80  95 

"      7,     For  spices 1075 

"      8,     Powder  and  shot  for  hunting  purposes  for  the  Co  1 7  00 


—  16  — 

"    15,     For  2  brooms ; 2  00 

"    30,     For  potatoes  and  beets 83  00 

•'      "       100  Ibs.  codfish  and  110  Ibs  dried  apples 32   18 

"     "       For  3,314  H)s  potatoes  at  5  cts.  per  Ib 165  70 

"     "         "    4  000  Ibs.  turnips,  at  1  ct.  per  Ib 4000 

Nov.     7      For  5,158  Ibs.  potatoes,  at  5  cts.  per  Ib 257   90 

Dec.  16,      "     26  Ibs.  raisens,  at  75  cts.  per  Ib 19  50 

"    21,       "     Sundries 108  75 

tt    «,         «     por  40  chickens,  at  $1  50  each 60  00 

"    "         "     Eggs 1  50 

"    "  "     Transportation  29,477  Ibs.  of  barley  at  $10 

per  1000  Ibs 294  77 

"  31,         "     crushed  sugar  and  lard 6  06 

"    "          "     6£  Ibs  butter  at  $1  per  Ib 6  25 

1869. 

Jan.     4,     For  150  Ibs  cabbage  at  12  cts.  per  Ib 18  00 

"     8,       "     14  chickens  at  $1  each 14  00 

"     "  "     postage  on  cainpany  newspapers,  2  quarters  3  40 

"  12,       "     spices 5  50 

"  16,        "     36  chickens  at  $1  each 36  00 

"  26,       "     22  Ibs  salt  at  2^  cts.  per  Ib 55 

"     "         "     132  Ibs  dried   apples  at  16  cts.  per  Ib 21   12 

"     "          "     76|  Ibs.  codfish  at  15  cts.  per  Ib 11   47 

"     '•         "     10  Ibs  lard  at  22c.  per  Ib 2  20 


1304  05 

Camp  Ruby,  Nov.,  Feb.  12,  1869. 
A  true  copy  of  the  fund  Account  of  Co.  "I,"  9th  Infy. 

W.  L.  Carpenter, 
2d  Lt.  9th  Inf.,  Comd'g  Co.  "I." 

"  B." 

Head  Q'rs  Ninth  Infantry  ) 

Camp  Reynolds,  Angel  Isl.,  May  18th,  1869.  J 
Bvt.  Lieut.  Col.  E.  R.  Platt,  U.  S.  A., 

Judge  Advocate  Dep't  of  Cal., 
San  Francisco,  Cal., 
Colonel  : 

I  first  knew  Capt.  T. 

Connelly  in  1856,  when  he  marched  with  me  as  First  Sergeant  of  Co. 
"A,"  1st  Inf.,  from  San  Antonio,  Texas,  to  Fort  Belnap,  a  distance  of 
350  miles.  He  was  again  under  my  command  in  1861,  (holding  the 
same  position)  from  San  Antonio,  Texas,  to  Key  West,  Florida. 
When  I  joined  my  regiment  on  this  coast  2  J  years  ago,  I  found  Capt. 
Connelly,  then  a  First  Lieutenant  in  the  regiment,  doing  duty  as 
Recruiting  Officer  in  San  Francisco. 


—  17 

1  always  found  him  military  and  zealous  in  the  performance  of  hia 
duties. 

Very  respectfully, 

Your  obedient  servant, 

John   H.   King, 

Col.  9th  Inf.  Brt.  M.  G. 

"  C." 

Camp  Halleck,  Nevada,  May  25th,  1868. 
Mr.  President  and  Gentlemen  of  the  Court  Martial  : 

I  would  respectfully  invite  your  atten- 
tion to  the  nature  of  the  defence  set  up  by  me  in  extenuation  of  my 
errors  as  pleaded  to.  I  trust  that  the  evidence  has  shown  fully  that 
there  was  no  evil  intent  on  iny  part,  and  that  the  over  and  under 
charges  mad--  by  me  were  tor  the  benefit  of  my  company  and  the  ben- 
efit of  the  service.  The  results  flowing  from  my  efforts  in  behalf  of 
my  company  are  well  known,  and  the  present  condition  of  the  com- 
pany will  testify  that,  although  the  over  and  under  charges  were 
wrong,  yet  they  were  for  a  good  purpose,  and  the  company  have 
derived  the  benefit  of  the  error. 

I  have  been  twenty  years  in  the  U.  S.  Army.  Six  years  of  that 
time  I  have  served  as  a  commissioned  officer,  in  the  grades  of  First 
and  Second  Lieutenants  and  Captain,  during  this  time.  I  have  never 
had  my  character  assailed  in  any  way,  and  I  have  always  had  the 
good  will  of  my  superiors.  I  earnestly  trust  the  Court  will  take  into 
consideration  my  motive,  and  trusting  in  its  impartiality  and  leniency, 
1  huv»-  the  honor  to  be,  your  most  obedient  servant, 

T.  Connelly, 

Capt.  9th  U.  S.  Infantry. 

War  Department,  No   4,333,  1881, 
Official  copy. 

Signed,          D.  G  Swaim, 

Judge  Advocate  General. 


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